Question Presented. Under What Circumstances May Individuals

1170 WordsJan 31, 20175 Pages
Question Presented Under what circumstances may individuals without work authorization form and/or participate in either a (a) consultancy or (b) collective to provide legal and/or community services? Does the answer change if members of the consultancy or collective do have work authorization? Short Answer In order for individuals without work authorization to form and/or participate in a consultancy or collective to provide legal and/or community services, the individual must be a volunteer, owner/controlling shareholder, or independent contractor. This answer does not change if members of the consultancy or collective do have work authorization. Facts/Discussion In the situation of an individual without work authorization…show more content…
In U.S. v. Speedy Gonzalez for example, the OCAHO held that a participant in a business or cooperative is not an employee if he or she holds a substantial ownership interest and exerts control over all or part of a business. To determine whether a worker-shareholder is an owner the courts follow the Supreme Court’s Clackamas decision factors, Whether the organization can hire or fire the individual or set the rules and regulations of the individual 's work . . . Whether and, if so, to what extent the organization supervises the individual 's work . . . Whether the individual reports to someone higher in the organization . . . Whether and, if so, to what extent the individual is able to influence the organization . . . Whether the parties intended that the individual be an employee, as expressed in written agreements or contracts . . . Whether the individual shares in the profits, losses, and liabilities of the organization. OCAHO has also held that an individual will not be considered an owner if he or she does not own and control at least part of a business in some form. A large number of shareholders, partners, or owners does in a consultancy or collective will not necessarily impact whether or not an individual is considered an owner or employee. However, is should be noted the in Speedy Gonzalez, Immigration and Customs Enforcement (“ICE”), charged the business owners, a husband and wife, with violating

More about Question Presented. Under What Circumstances May Individuals

Open Document